Montez v. Owens

Full title: JESSE MONTEZ, et al. Plaintiffs, as representatives of themselves and all…

Court: United States District Court, D. Colorado

Date published: Mar 13, 2006

Civil Action No. 92-cv-00870-EWN (D. Colo. Mar. 13, 2006)

Opinion

Civil Action No. 92-cv-00870-EWN.

March 13, 2006

ORDER

JOHN KANE JR., Senior District Judge

This matter is before me on Appeal (Objection) of Special Masters Order Dismissing Claim (doc.# 685), filed by Stephen Jaramillo (claim #01-047) on August 30, 2004. I have reviewed the Initial and Supplemental Claim Forms, the Order of Special Master Dismissing Claim, and the Appeal (Objection) of Special Masters Order Dismissing Claim. The objection is OVERRULED.

The Special Master correctly concluded that Mr. Jaramillo's condition, which was caused by ulcerative colitis, does not meet the requirements for a Montez damages claim. The Special Master found that while the Claimant may have the right to pursue separate litigation to seek redress for his lack of care, his condition does not fall within a category recognized by the settlement agreement. The dismissal of this claim was appropriate, and there was no abuse of discretion. The Order of the Special Master Dismissing Claim dated August 9, 2004, stands.